You’ve probably heard of JCT or FIDIC contracts in construction. These are umbrella terms for standard forms of contracts. They’re standard, because they utilise prewritten clauses that can be applied to any project. But what about when you come across a bespoke form, one that’s been drafted by a legal team which is completely tailor made for the project you’re working on. The clauses, structure and order of documents are completely alien.
In this article we explore the differences between the two, understand why some clients opt for this approach, and detail some of the risks and opportunities of both.
Standard vs Bespoke Contract Form
Standard forms of contract, such as JCT and FIDIC, are popular because they bring familiarity, efficiency, and a balance of risk that has been tried and tested across thousands of projects. Most surveyors, contractors, and clients will understand the language, meaning disputes can often be resolved more quickly. On the other hand, bespoke forms are drafted from scratch, usually by legal teams representing a particular client. These contracts can give clients greater control and flexibility, but they often come with added complexity and uncertainty. For contractors and consultants, the risks are higher, as terms may be weighted in the client’s favour. Understanding these differences is crucial, as it shapes the way we manage cost, time, quality, and ultimately, commercial risk.
When faced with a bespoke contract, the first challenge is interpretation. Unlike JCT or FIDIC, where guidance and case law are well established, bespoke forms often lack that supporting framework. This means more time must be spent reviewing the clauses, seeking legal advice, and ensuring that risks are understood before works begin. It also increases the need for clear negotiation, as contractors may want to push back on onerous terms. For Quantity Surveyors, the ability to read, interpret, and advise on these documents is invaluable.
While standard forms promote consistency and predictability, bespoke contracts highlight the importance of attention to detail. Ultimately, whether working under a standard or bespoke form, understanding the nuances is key to protecting your client’s position.
Conclusion
Standard forms and bespoke contracts each have their place in construction. Standardisation offers clarity and efficiency, while bespoke drafting allows flexibility but often brings higher risk. The key for Quantity Surveyors is to recognise the differences, adapt quickly, and provide sound commercial advice that safeguards projects and supports successful outcomes.
